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| Court has the power and the responsibility to make sure a trial isn't compromised by the presence of the media. Balances 6th amendment (right to a fair trial) with the first amendment. Guy murders his wife, courtroom = shenaniganz because of media. |
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| Milkovich v. Lorain Journal Co. |
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| Wrestling case: reporter says milkovich lied under oath, saying he didn't incite a fight. Witnesses back milkovich up. Because it is provable, it's libel. |
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| Reporter publishes name of dead rape victim. Because he got the files legitimately, it's legal. |
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| Reporter publishes name of rape victim. Victim sues for damages and wins. Supreme court rules that it's illegal to award damages from publishing public info. |
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| Shulman v. Group W Productions |
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| Privacy case: emergency victims can't be recorded without consent if conversation couldn't be overheard by public. |
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| New York Times V. Sullivan |
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Definition
| Established the "actual malice" standard for PUBLIC citizens. |
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| Hustler(Flint) v. Falwell |
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Definition
| Hustler runs an ad parodying Jerry Falwell. He sues, wins damages, but overturned by Supreme Court, saying you can't pay damages to public figures for emotional distress. |
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| Decided that the state can allow the media to publish still images and videos of criminal trials. |
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| Press-Enterprise Co v. Superior Court |
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Definition
I: Jury selection is important and therefore must be open to the public and the press.
II: Pretrial hearings may only be closed if the coverage will cause prejudice, and if no other options exist. |
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| Richmond Newspapers Inc. V. Virginia |
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Definition
| First case guaranteeing press access to criminal trials. |
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| Nebraska Press Association v. Stuart |
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Definition
Outlines the conflict between first and 6th amendment. How to get a gag order issued.
Must prove: publicity is intense & pervasive
there's no alternative
gag order will stop the publicity from happening |
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Term
| Zurcher v. Stanford Daily |
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Definition
| Press isn't immune to search warrants. As long as the warrant is issued with evidence of a crime committed expected to be found, it's legal and the press has to comply. |
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| Established the Dickinson rule: court orders must be followed until they are ruled invalid. No defense for not following a court order because you think it's wrong. |
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| A person's sexual history is even more private than their identity. Keeping it private is "state interest". |
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